USHA SUBRAMANIAM Vs. DAIJIT KUMAR BHANDARI

JUDGEMENT

(1.) This is an application filed on behalf of the plaintiff underOrder 40 Rule I read with Order 39 Rules 1 & 2 and Section 151 of the Code of CivilProcedure for appointment of a Receiver with regard to the property bearingHouse No. 224, Jor Bagh, New Delhi.

(2.) Briefly stated the facts of the case are that the property bearing house No.224, Jor Bagh, New Delhi (in short the suit property) was owned by Shri G.L.Bhandari who died on 18/12/1958. Shri G.L. Bhandari left behind his wifeSmt. Shakuntala Bhandari, mother Smt. Kulwanti, two daughters (who are plaintiffs 1 & 2 in this suit), three sons, namely, Shri Daljit Kumar Bhandari (defendantNo. 1 herein), Shri Ranjit Kumar Bhandari (defendant No. 2 herein) and Shri DalipKumar Bhandari. Smt. Kulwanti died on 18.12.65 and Shri Dalip Kumar Bhandaridied on 29.4.1978. Defendant No. 3, namely, Shri Shailendra Bhandari is the sonand defendant No. 4, namely, Smt. Gayatri Lamba is the daughter of late Shri DalipKumar Bhandari.

(3.) The case of the defendants is that after the death of Shri G.L. Bhandari, Smt.Shakuntala Bhandari filed a suit No. 68/59 seeking declaration that she was theowner of the suit property. It is alleged by the defendant No. 1 that the plaintiffswere also impleaded as defendants in the said suit and after no objection was filedby the plaintiffs, the defendants 1 & 2 and late Shri Dalip Kumar Bhandari who isthe father of the defendants 3 and 4, the suit was decreed in favour of Smt.Shakuntala Bhandari. Pursuant to the said decree, the suit property was mutatedby the Land and Development Officer, New Delhi in favour of Smt. ShakuntalaBhandari.